This chapter establishes procedures for the preparation, filing, processing, and approval or disapproval of tentative map applications. This chapter also sets time limits for the expiration of approved tentative maps and procedures for appeals.
(Prior code § 18.02.010; Ord. 94-16, 1994)
Tentative map applications shall be prepared, filed with the city, accepted for processing, and reviewed by city staff in compliance with Sections 18.02.110 through 18.02.180 of this chapter. Review and approval or disapproval of a tentative map application by the planning commission and city council shall then occur as provided by Sections 18.02.200 et seq.
(Prior code § 18.02.100; Ord. 94-16, 1994)
Tentative map submittals shall include the following information and materials, as well as any additional materials required by this chapter:
A. 
Application Form and Fee. Tentative maps shall be accompanied by the appropriate application form furnished by the department, and the fee required by the city fee resolution.
B. 
Tentative Map. The tentative map shall be accurately drawn, to the scale specified by this section. The department shall reject maps containing inaccurate, insufficient, or incomplete information, and shall require that the tentative map be drawn by a qualified registered civil engineer, or licensed land surveyor. The tentative map shall contain the following information, as well as any other information deemed necessary by the director:
1. 
Size, Scale, Date, Number. The tentative map shall be 18 by 26 inches in size and be drawn to a scale of one inch equals 100 feet, unless another scale is approved by the director. The map shall show the date the map was prepared, a north arrow, the scale, and the tentative map number furnished by the department.
2. 
Names and Addresses. The names, addresses and phone numbers of each owner of record, the subdivider, and the engineer, surveyor or other person who prepared the map.
3. 
Site Location Sketch. A sketch showing the location of the proposed subdivision in relation to the roads and properties in the surrounding area, and an ownership sketch, showing all land contiguous to the land proposed for division, in which the subdivider has any ownership interest, or has previously divided.
4. 
Record Data. The following information for each of the original parcels being divided:
a. 
Assessor's parcel numbers.
b. 
The parcel boundary lines, based on survey data or information of record, and the area of the parcels shown in square feet or acres to the nearest tenth.
5. 
Proposed Parcels. The proposed lot lines with dimensions in feet, and both the gross and net area of each proposed lot in square feet or acres, to the nearest tenth. Each proposed parcel on the tentative map shall be assigned an individual, consecutive number. A distinctive border shall be provided on the map to show the boundaries of the land to be divided.
6. 
Existing Uses and Structures. All dwellings, buildings, fences, other aboveground or underground structures, wells, septic tanks, and any other improvements, shall be accurately located, identified and drawn to scale. The distance from existing structures to the boundary lines of the new parcels shall be shown. Indicate any existing buildings and structures to be removed.
7. 
Proposed Uses. If more than one land use is proposed for the property, show the parcel or parcels proposed for each use. Also, show details on the type and location of street lighting, tree planting and public areas proposed.
8. 
Streets and Roads. The locations and names of all public or private highways, streets, roads, and ways within and adjacent to the proposed subdivision; and any new street names proposed by the subdivider.
9. 
Easements and Utilities. The locations, purpose and width of all existing and proposed easements and appurtenant utilities.
10. 
Landforms and Vegetation. The approximate location, width and direction of flow of any watercourses, drainage channels, or existing drainage structures.
a. 
Slopes. Lines showing the direction of slope and approximate percent of grade, or sufficient contour lines and elevations to show the general contour of the land.
b. 
Flooding and Other Hazards. Areas subject to inundation or stormwater overflow, as applicable. The location of any underground structures and/or any other hazards within the subdivision or within 200 feet of the site.
11. 
Copies of Tentative Map. The application shall be accompanied by the number of copies of the tentative map specified by the city application form. All tentative map applications shall include one reproducible copy of the map, and one copy reduced to eight and one-half by 11 inches.
C. 
Subdivider's Statements. The following information shall either appear on or be submitted in narrative or list form along with the tentative map:
1. 
Description of Existing Uses. The existing and proposed uses of the property shall be described in detail.
2. 
Improvements. Description of the improvements and public utilities proposed to be made or installed and the proposed timing of completion of such improvements.
3. 
Justification for Variances or Exceptions. A statement and specific justification for any variances requested from the provisions of Title 19 of this code, any exceptions to this title in compliance with Section 18.02.530 of this chapter, or a waiver of parcel map in compliance with Section 18.04.110 of this title.
D. 
Public Hearing Notice Materials. Stamped, number ten envelopes addressed to each owner of property situated within 300 feet of the property being divided and any contiguous property also owned by the applicant (excluding roads), and each of the public entities that will provide services for the subdivision (e.g., school district, etc.), and a separate list of the names, addresses and assessor's parcel numbers of the property owners and service providers.
E. 
Additional Documents. The following additional documents shall be filed with the tentative map and application:
1. 
Conditions, Covenants and Restrictions. A copy of any existing or proposed conditions, covenants and restrictions, or a statement that none exist or are proposed.
2. 
Preliminary Grading and Drainage Plan. A proposed plan for collecting and channeling storm water run-off and other drainage onto, within and from the subdivision, prepared by a registered civil engineer. The plan shall also show the cut/fill quantities and preliminary grades for all areas in the proposed subdivision.
3. 
Environmental Assessment Questionnaire. A completed environmental assessment questionnaire, on the forms furnished by the department.
4. 
Landscaping Plan. A subdivision landscaping plan shall be submitted for subdivisions of five or more parcels. The plan shall provide for street trees on each proposed parcel, and the landscaping, irrigation and maintenance of any common areas or other open space areas within the subdivision.
5. 
Mobilehome Park Conversion Report. If the tentative map is for a subdivision to be created from the conversion of a mobilehome park to another use, the application shall also include a report on the impact of the conversion on the displaced residents of the mobilehome park, pursuant to Map Act Section 66427.4.
6. 
Soils Report. A preliminary soils report prepared by a registered civil engineer. This provision may be waived by the city engineer upon receipt of a request if it is determined unnecessary because of previous knowledge about the soil qualities within the subdivision.
7. 
Title Report. Two copies of a preliminary title report concerning the property to be divided, prepared within 60 days of the date of application submittal. In addition to detailing the ownership of the property to be divided, the title report shall also verify the existence of deeded access from the property to be divided to a city road or state highway.
8. 
Other Information. The application shall also include any other information or materials deemed necessary by the director.
(Prior code § 18.02.110; Ord. 94-16, 1994)
Tentative map applications shall be submitted to the department for processing. The department shall review all applications for completeness and accuracy before the applications are accepted as being complete and officially filed.
A. 
Determination of Completeness. Within 30 days of submittal, the department shall determine whether an application includes the information required by this title. The applicant shall be informed by a letter either that the application is complete and has been accepted for processing or that the application is incomplete and that additional information, specified in the letter, must be provided. When an application is incomplete, the time used by the applicant to submit the required additional information shall be in addition to the time within which the determination of completeness must occur. The time available to an applicant for submittal of additional information is limited by subsection C of this section.
B. 
Appeal of Determination. Where the department has determined that an application is incomplete, and the applicant believes that the information requested by the department is not required by this title, the Buellton zoning ordinance, or the general plan, the applicant may file an administrative appeal as set forth in Section 18.02.510 of this chapter.
C. 
Expiration of Application. If a complete application is not submitted by the applicant within one year after the first filing with the department, the application shall expire and be deemed withdrawn. A new application may then be submitted as set forth by this chapter.
(Prior code § 18.02.120; Ord. 94-16, 1994)
Review of tentative map applications by the department will include referral to the following agencies, as well as any other city department, state or federal agency, or other individual or group that the department believes may have authority or expertise relevant to the issues raised by the subdivision. The purpose of referral is to enable interested and affected agencies to provide the city with comments and recommendations relative to their areas of responsibility. Referral shall occur within five days of the filing of a tentative map, and agency responses shall be received by the department within 20 days of referral.
A. 
Caltrans. The state Department of Transportation shall be referred any tentative map or conditional certificate of compliance involving property adjacent to a state highway.
B. 
Fire Department. The city fire department shall be referred any tentative map, conditional certificate of compliance, or lot line adjustment.
C. 
Flood Control District. The flood control district shall be referred any tentative maps, conditional certificates of compliance, and lot line adjustments, that are contiguous to the Santa Ynez River, Thumbelina Creek, Zaca Creek, or Petersen Creek.
D. 
Public Utilities. Public utility companies including, but not limited to, providers of electrical, gas, telephone, cable TV, and other services shall be referred any tentative map or conditional certificate of compliance.
E. 
Public Works. The public works department shall be referred any tentative maps, conditional certificates of compliance, and lot line adjustments.
F. 
School Districts. Tentative maps shall be referred to the governing board of the Buellton School District and Santa Ynez Valley High School District.
(Prior code § 18.02.130; Ord. 94-16, 1994)
After acceptance of an application as complete, the department shall complete an environmental review of the project as required by the California Environmental Quality Act (CEQA), following the procedures and time limits set forth in the city's environmental review procedures.
(Prior code § 18.02.140; Ord. 94-16, 1994)
A staff report shall be prepared by the department that evaluates the proposed subdivision as to its compliance and consistency with the provisions of this title, the Buellton zoning ordinance and general plan, and the Map Act. The staff report may recommend the approval, approval with conditions, or denial of the application. The staff report shall be provided to the applicant as set forth in Section 18.02.160 and 18.02.210 of this chapter, as applicable.
(Prior code § 18.02.150; Ord. 94-16, 1994)
After completion of the procedures specified by Sections 18.02.100 et seq., the subdivision committee shall:
A. 
Meet to review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this title, the Buellton zoning ordinance and general plan, and the Map Act. Their evaluation shall be based on the staff report (Section 18.02.150) and information provided by an initial study or environmental impact report (Section 18.02.140);
B. 
Determine the extent to which the proposed subdivision satisfies all the findings set forth in Section 18.02.220, and shall recommend to the planning commission the approval, approval with specified conditions, or denial of the tentative map application.
At least three days before a meeting of the subdivision committee to consider a tentative map, the applicant shall be provided a copy of the staff report.
(Prior code § 18.02.160; Ord. 94-16, 1994)
After review of a tentative map application by the subdivision committee (Section 18.02.160 of this chapter), the commission shall be responsible for the following:
A. 
Hearing and Review. The commission shall:
1. 
Conduct a public hearing on a proposed tentative map, and shall consider the recommendations of the subdivision committee. Notice of the public hearing shall be provided and the hearing shall be conducted as set forth in Section 18.02.210 of this chapter.
2. 
Review and evaluate each tentative map as to its compliance and consistency with applicable provisions of this title, the Buellton zoning ordinance and general plan, and the Map Act. The commission's evaluation shall be based on the staff report (Section 18.02.150) and information provided by an initial study or environmental impact report (Section 18.02.140), and any public testimony received.
B. 
Recommendations to Council. In the case of a tentative map proposing five or more parcels, the commission shall determine the extent to which the proposed subdivision satisfies all the findings set forth in Section 18.02.220 of this chapter, and shall recommend to the council the approval, approval with specified conditions, or denial of the tentative map application. Any recommended conditions of approval shall be in compliance with Section 18.02.230 of this chapter.
C. 
Approval or Disapproval of Tentative Maps. In the case of a tentative map proposing four or fewer parcels, the commission may approve or disapprove the tentative map as follows:
1. 
Within 50 days after certification of an environmental impact report or adoption of a negative declaration on the tentative map, the commission shall approve, conditionally approve or disapprove the ten-tative map. The fifty-day time limit may be extended by mutual consent of the subdivider and the commission.
2. 
Approval or conditional approval of a tentative map shall be granted only after the commission has first made all findings required by Section 18.02.220. The commission may impose conditions of approval as set forth in Section 18.02.230 of this chapter.
3. 
The decision of the planning commission on a tentative map may be appealed as set forth in Section 18.02.500 et seq.
(Prior code § 18.02.170; Ord. 94-16, 1994)
After receiving a recommendation on a tentative map from the commission, the council shall:
A. 
Conduct a public hearing on a proposed tentative map in compliance with Section 18.02.210 of this chapter, and shall consider the recommendations of the commission and any public testimony;
B. 
Within 50 days after certification of an environmental impact report or adoption of a negative declaration on the tentative map, approve, conditionally approve or disapprove the tentative map. Provided that the fifty-day time limit may be extended by mutual consent of the subdivider and the city council.
Approval or conditional approval of a tentative map shall be granted only after the city council has first made all findings required by Section 18.02.220 of this chapter. The council may impose conditions of approval as set forth in Section 18.02.230 of this chapter.
(Prior code § 18.02.180; Ord. 94-16, 1994)
When a public hearing is required by this title for consideration of a tentative map or appeal, public notice shall be given and the public hearing shall be conducted as provided by this section.
A. 
Scheduling of Hearing, Decision. A public hearing on a tentative map or appeal shall be scheduled, and a decision shall be reached, within the following time limits, unless the subdivider and the city mutually agree on an extension:
1. 
Tentative Map.
a. 
Hearing. A hearing on a tentative map by the planning commission shall be scheduled within 30 days after completion of the report of the subdivision committee and the filing of the report with the planning commission secretary. A hearing by the city council shall be scheduled within 30 days after the filing of the planning commission recommendation on a tentative map with the clerk of the city council.
b. 
Decision on Map. The planning commission shall approve or disapprove the tentative map within the 30 days of their receipt of a report and recommendation on a tentative map from the subdivision committee. The city council shall approve or disapprove the tentative map within the 30 days of their receipt of a report and recommendation on a tentative map from the planning commission.
2. 
Appeals. A hearing on an appeal (Section 18.02.510) shall be scheduled within 30 days after the filing of the appeal, and the hearing body shall reach its decision on the appeal within ten days of the conclusion of the hearing.
B. 
Distribution of Staff Report. The staff report on the tentative map (Section 18.02.150) shall be mailed to the subdivider (and each tenant of the subject property, in the case of a condominium conversion (Section 18.06.310)) at least ten days before any hearing or action on the tentative map by the planning commission or city council.
C. 
Notice of Hearing. Public notice of all hearings conducted in compliance with this title shall be provided as follows:
1. 
Content of Notice. Notice of a public hearing shall include: the date, time and place of the hearing; the name of the hearing body; a general explanation of the matter to be considered; a general description, in text or by diagram, of the location of the real property that is the subject of the hearing; and, for condominium conversions, notification of the tenant's right to appear and be heard.
2. 
Distribution of Notice. Notice shall be distributed as follows:
a. 
Notice shall be published at least once in a newspaper of general circulation in the city at least ten days prior to the hearing.
b. 
Notice shall be mailed or delivered at least ten days before the hearing to:
i. 
The owner(s) of the property being subdivided or the owners' duly authorized agent, and the project applicant.
ii. 
Each local agency expected to provide schools, or other essential facilities or services to the project, whose ability to provide such facilities and services may be significantly affected.
iii. 
All owners of real property as shown on the latest equalized assessment roll within 300 feet of the property that is the subject of the hearing. In lieu of utilizing the assessment role, the director may utilize records of the county assessor or finance director that contain more recent information than the assessment role. If the number of owners to whom notice would be mailed as provided by this subsection (B)(2) is more than 1,000, the director may choose to provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation within the city, at least ten days before the hearing.
iv. 
Any person who has filed a written request for notice with the director and has paid the fee set by council resolution for such notice.
c. 
In the case of conversion of residential real property to a condominium, community apartment or stock cooperative, notice shall be mailed to each tenant of the subject property, at least three days before the hearing.
3. 
Additional Notice. In addition to the notice required by this section, the director may provide any additional notice he or she determines is necessary or desirable.
(Prior code § 18.02.210; Ord. 94-16, 1994)
In order to approve a tentative map and adopt conditions of approval in compliance with Section 18.02.230, or to deny a tentative map, the findings required by this section shall first be made for subdivisions of four or fewer parcels by the planning commission, and for subdivisions of five or more parcels by the city council. In determining whether to approve a tentative map, the city shall apply only those titles, policies, and standards in effect at the date the department determined that the application was complete in compliance with Section 18.02.120 of this chapter, except where the city has initiated general plan, specific plan or zoning ordinance changes and provided public notice as required by Map Act Section 66474.2.
A. 
Required Findings for Approval. The following findings shall be required, at minimum, to enable approval of a tentative map by the planning commission or city council. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Map Act Section 66424.6.
1. 
The proposed subdivision, including its design and improvements, is consistent with the Buellton city general plan and any applicable specific plan.
2. 
The site is physically suitable for the type of development proposed.
3. 
The site is physically suitable for the proposed density of development.
4. 
The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat.
5. 
The design of the subdivision or the proposed improvements will not likely cause serious public health problems.
6. 
The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision; or that substantially equivalent alternate easements are provided.
7. 
The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.
8. 
Proposed street names are consistent with the types of names used elsewhere in the community and, where applicable, are logical extensions of those existing in the area of the subdivision.
9. 
The proposed subdivision is consistent with all applicable provisions of this title, and the Buellton zoning ordinance, including, but not limited to, minimum lot area requirements, any other applicable provisions of this code, and the Subdivision Map Act.
B. 
Supplemental Findings. In addition to the findings required for approval of a tentative map by subsection A of this section, the following findings are also required when they are applicable to the specific subdivision proposal.
1. 
It is in the interest of the public health and safety, and it is necessary as a prerequisite to the orderly development of the surrounding area, to require the construction of road improvements within a specified time after recordation of the parcel map, where road improvements are required (see Section 18.10.400(A)).
2. 
Any findings required by Section 18.06.310 for condominium conversions.
3. 
If the proposed subdivision fronts upon the Santa Ynez River, in an area without available reasonable public access as defined by Chapter 4, Article 3.5 of the Map Act, the proposed subdivision will provide access in compliance with Chapter 4, Article 3.5 of the Map Act.
C. 
Findings for Waiver of Parcel Map. If waiver of a parcel map has been requested with the tentative map application, the approval body shall determine whether the findings required by Section 18.04.110 of this title can also be made.
D. 
Findings Requiring Denial. A tentative map shall be denied if the planning commission or city council (as applicable) makes any of the following findings:
1. 
The proposed subdivision including design and improvements is not consistent with the Buellton city general plan or any applicable specific plan.
2. 
The site is not physically suitable for the type or proposed density of development.
3. 
The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or injure fish or wildlife or their habitat.
4. 
The design of the subdivision or type of improvements is likely to cause serious public health problems.
5. 
The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. This finding may not be made if the review body finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is granted to the review body to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision.
6. 
The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board.
7. 
The proposed subdivision is not consistent with all applicable provisions of this title, the Buellton zoning ordinance, any other applicable provisions of this code, and the Subdivision Map Act.
E. 
Findings That May Justify Denial. A tentative map may be denied if the planning commission or city council (as applicable) makes any of the following findings:
1. 
The tentative map is not in conformity with accepted planning or engineering standards.
2. 
The environmental, public services or facilities costs to city taxpayers outweigh the advantages created by the proposed subdivision.
3. 
The proposed development is not compatible with the character of the neighborhood.
4. 
The proposed development is in an area not desirable for the intensive use proposed.
5. 
A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has failed to provide sufficient information to the satisfaction of the city engineer, planning commission or city council that such conditions can be corrected in the plan for the development.
(Prior code § 18.02.220; Ord. 94-16, 1994)
Along with the approval of a tentative map, the adoption of conditions of approval shall occur in compliance with this section, provided that all conditions shall be consistent with the requirements of the Map Act.
A. 
Mandatory Conditions. The review body shall adopt conditions of approval that will:
1. 
Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal, and public utilities providing electric, gas and communications services, as may be required to properly serve the subdivision. Easements for public utilities shall be limited to those needed to provide service to present and future development.
2. 
Mitigate or eliminate environmental problems identified through the environmental review process, or require redesign of the subdivision as a prerequisite to the approval of the tentative map.
3. 
Carry out the specific requirements of Chapters 18.08 and 18.10 of this title.
4. 
Secure compliance with the requirements of this title, the Buellton zoning ordinance (Title 19 of this code), and the general plan.
5. 
Require that any designated remainder parcels not be subsequently sold unless a certificate or conditional certificate of compliance (Sections 18.06.200, and 18.06.210 of this title, respectively) is obtained before recordation of a final or parcel map, or is further subdivided in compliance with this title.
B. 
Optional Conditions. The review body may also require as conditions of approval:
1. 
The dedication of land or payment of fees in lieu thereof, or a combination of both for park or recreation purposes as provided by Section 18.10.610 of this title and the Map Act.
2. 
The waiver of direct access rights to any existing or proposed streets.
3. 
The dedication of additional land for bicycle paths, local transit facilities, (such as bus turnouts, benches, shelters, etc.), sunlight easements, and school sites, as provided by Map Act Chapter 4, Article 3.
4. 
The dedication of access to the Santa Ynez River, as provided by Chapter 4, Article 3.5 of the Map Act.
5. 
The reservation of sites for public facilities such as fire stations, libraries, and other public uses as provided by Chapter 4, Article 4 of the Map Act.
6. 
Time limits or phasing schedules for the completion of conditions of approval, when deemed appropriate.
7. 
Any other conditions deemed necessary by the review body to achieve compatibility between the proposed subdivision, its immediate surroundings, and the community, or to achieve consistency with city ordinances or state law.
(Prior code § 18.02.230; Ord. 94-16, 1994)
The approval of a tentative map shall become effective for the purposes of pursuing recordation, including compliance with conditions of approval, as follows:
A. 
Subdivisions of Four or Fewer Parcels. Approval shall become final on the eleventh day after the decision on a subdivision by the planning commission unless an appeal to the decision is filed before that time, as set forth in Section 18.02.510 of this chapter.
B. 
Subdivisions of Five or More Parcels. Approval shall be final immediately after the decision by the city council.
(Prior code § 18.02.240; Ord. 94-16, 1994)
A subdivider may request changes to an approved tentative map or its conditions of approval before recordation of a parcel or final map as provided by this section. Changes to a parcel or final map after recordation are subject to Section 18.04.410 of this title.
A. 
Limitation on Allowed Changes. Changes to a tentative map that may be requested by a subdivider in compliance with this section include major adjustments to the location of proposed lot lines and improvements, and reductions in the number of approved lots (but no increase in the number of approved lots), and any changes to the conditions of approval, consistent with the findings required by subsection D of this section. Other changes shall require the filing and processing of a new tentative map.
B. 
Application for Changes. The subdivider shall file an application and filing fee with the department, using the forms furnished by the department, together with the following additional information:
1. 
A statement identifying the tentative map number, the features of the map or particular conditions to be changed and the changes requested, the reasons why the changes are requested, and any facts that justify the changes.
2. 
Any additional information deemed appropriate by the department.
C. 
Processing. Proposed changes to a tentative map or conditions of approval shall be processed in the same manner as the original tentative map, except as otherwise provided by this section.
D. 
Findings for Approval. The review body shall not modify the approved tentative map or conditions of approval unless it shall first find that the change is necessary because of one or more of the following circumstances, and that all of the applicable findings for approval required by Sections 18.02.220(A) and (B) can still be made:
1. 
There was a material mistake of fact in the deliberations leading to the original approval.
2. 
There has been a change of circumstances related to the original approval.
3. 
A serious and unforeseen hardship has occurred, not due to any action of the applicant subsequent to the enactment of this title.
E. 
Effect of Changes on Time Limits. Approved changes to a tentative map or conditions of approval shall not be considered as approval of a new tentative map, and shall not extend the time limits provided by Section 18.02.410 of this chapter.
(Prior code § 18.02.250; Ord. 94-16, 1994)
A. 
Compliance with Conditions, Improvement Plans. After approval of a tentative map pursuant to this chapter, the subdivider shall proceed to fulfill the conditions of approval within any time limits specified by the conditions and the expiration of the map and, where applicable, shall prepare, file and receive approval of improvement plans pursuant to Chapter 18.10 of this title, before constructing any required improvements.
B. 
Parcel or Final Map Preparation, Filing and Recordation.
1. 
A parcel map for a subdivision of four or fewer parcels shall be prepared, filed, processed and recorded as set forth in Sections 18.04.100 et seq., to complete the subdivision, unless a parcel map has been waived in compliance with Section 18.04.110 of this title.
2. 
A final map for a subdivision of five or more parcels shall be prepared, filed, processed and recorded as set forth in Sections 18.04.200 et seq., to complete the subdivision.
(Prior code § 18.02.260; Ord. 94-16, 1994)
This section establishes procedures to implement the vesting tentative map requirements of state law, Sections 66498.1 et seq. of the Map Act.
A. 
Applicability. Whenever this title requires that a tentative map be filed, a vesting tentative map may instead be filed, provided that the vesting tentative map is prepared, filed and processed in compliance with this section.
1. 
A vesting tentative map may be filed for either residential, commercial or industrial developments.
2. 
If a subdivider does not seek the rights conferred by this section, the filing of a vesting tentative map is not a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction; however, nothing in this section shall be construed to eliminate the need for a subdivider to obtain subdivision approval in compliance with the other applicable provisions of this title, land use approval in compliance with Title 19 of this code, building, grading or other construction permit approval.
B. 
Procedures for Processing a Vesting Tentative Map. A vesting tentative map shall be filed in the same form, have the same contents and accompanying data and reports and, shall be processed in the same manner as set forth by this chapter as a tentative map, except as follows:
1. 
Application Content. The vesting tentative map shall include the following information in addition to that required by Sections 18.02.110 et seq.:
a. 
Title. The vesting tentative map shall be prepared with the words "Vesting Tentative Map" printed conspicuously on its face.
b. 
Intended Development. The vesting tentative map application shall include accurately drawn, preliminary floor plans and architectural elevations for all buildings and structures intended to be constructed on the property after subdivision.
2. 
Findings for Approval. The approval of a vesting tentative map shall not be granted unless the review body first determines that the intended development of the subdivision is consistent with the zoning regulations applicable to the property at the time of filing, in addition to all other findings required for tentative map approval by Section 18.02.220 of this chapter.
C. 
Expiration of Vesting Tentative Map. An approved vesting tentative map shall be subject to the same time limits for expiration as are established for tentative maps by Sections 18.02.400 et seq.
D. 
Changes to Approved Map or Conditions. The subdivider may apply for an amendment to the vesting tentative map or conditions of approval at any time before the expiration of the vesting tentative map. Such an amendment request shall be considered and processed as a new application, in compliance with this section.
E. 
Development Rights Vested.
1. 
The approval of a vesting tentative map shall confer a vested right to proceed with development of the subdivided lots in substantial compliance with the titles, policies and standards (excluding fees) described in Section 66474.2 of the Map Act.
2. 
If Map Act Section 66474.2 is repealed, approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the titles, policies and standards in effect at the time the map is approved.
3. 
Subsequent land use permits, building permits, extensions of time or other entitlements filed on parcels created by the subdivision may be conditioned or denied if:
a. 
A failure to do so would place the residents of the subdivision or the immediate area in a condition dangerous to health or safety;
b. 
The condition or denial is required in order to comply with state or federal law.
4. 
Fees charged for building or land use permits, filed after the approval of a vesting tentative map shall be as required at the time the subsequent permit applications are filed, including any related utility or development impact fees (e.g., sewer/water hookup fees, traffic mitigation fees, etc.). Application contents shall be as required by ordinance requirements in effect at the time the subsequent application is filed.
F. 
Duration of Vested Rights. The development rights vested by this section shall expire if a parcel map or final map is not approved before the expiration of the vesting tentative map as provided by Sections 18.02.400 et seq., of this chapter. If the parcel or final map is approved and recorded, the development rights shall be vested for the following periods of time:
1. 
An initial time period of 24 months from the date of recordation of the parcel or final map. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the final map for that phase is recorded.
2. 
The initial 24 months shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days from the date the application is accepted for processing as complete.
3. 
The subdivider may apply for a one-year extension at any time before the initial 24 months expires. Application for such an extension shall be submitted to the department and shall be accompanied by the required fee. The planning commission shall approve or deny any such request for extension. If the ex-tension is denied by the planning commission, the subdivider may appeal to the city council as set forth in Section 18.02.510 of this chapter.
4. 
If the subdivider submits a complete application for a building permit during the periods of time specified in subsections (F)(1) and (F)(2) of this section, the vested rights shall continue until the expiration of the building permit, or any extension of that permit.
(Prior code § 18.02.300; Ord. 94-16, 1994)
The processing of a tentative map shall be completed, and an approved tentative map shall be subject to the time limits for expiration and procedures for extension as provided by Sections 18.02.410 through 18.02.430 of this chapter.
(Prior code § 18.02.400; Ord. 94-16, 1994)
An approved tentative map or vesting tentative map is valid for 36 months after its effective date (Section 18.02.240). At the end of that time, the approval shall expire and become void unless:
A. 
A parcel or final map, and related bonds and improvement agreements, have been filed with the city engineer in compliance with Chapter 18.04 of this title; or
B. 
An extension of time has been granted as provided by Section 18.02.420 of this chapter.
A tentative map approval shall be deemed to have expired if a parcel or final map has not been recorded within the time limits established by this section or within an extension of time approved in compliance with Section 18.02.420. Expiration of an approved tentative map or vesting tentative map shall terminate all proceedings. The application shall not be reactivated unless a new subdivision application is filed.
(Prior code § 18.02.410; Ord. 94-16, 1994)
When a subdivision has not been completed through the recording of a parcel or final map within the time limits set by Section 18.02.410 of this chapter, one year time extensions may be granted as provided in this section. Extension requests shall be in writing and shall be filed with the department on or before the date of expiration of the approval or previous extension, together with the required filing fee.
A. 
Tentative Maps. The planning commission may grant a maximum of three, one-year extensions to the initial time limit only after finding that:
1. 
There have been no changes to the provisions of the general plan, zoning ordinance (Title 19 of the Buellton Municipal Code), or this title applicable to the project since the approval of the tentative map.
2. 
There have been no changes in the character of the site or its surroundings that affect how the policies of the general plan or standards of the zoning ordinance or this title apply to the project.
3. 
There have been no changes to the capacities of community resources, including, but not limited to, water supply, sewage treatment or disposal facilities, roads or schools such that there is no longer sufficient remaining capacity to serve the project.
Disapproval of a requested extension by the planning commission may be appealed to the city council as set forth in Section 18.02.510 of this chapter.
B. 
Tentative Maps with Multiple Final Maps. Where a subdivider is required to expend more than $125,000 on improvements as specified in Map Act Section 66452.6(a) and multiple final maps are filed covering portions of a single approved tentative map, each filing of a final map shall extend the expiration of the tentative map by an additional 36 months from the date of its expiration, or the date of the previously filed final map, whichever is later. Provided that the total of all extensions shall not extend the approval of the tentative map more than ten years from its approval.
C. 
Vesting Tentative Maps. The planning commission may grant a maximum of three, one year ex-tensions to the initial time limit pursuant subsection A of this section. Any rights conferred by Section 18.02.300 of this chapter shall expire if a final map is not approved and recorded before the expiration of the vesting tentative map.
(Prior code § 18.02.420; Ord. 94-16, 1994)
Any subdivision application deemed approved in compliance with Section 65956 of the Government Code or Article 2 of Chapter 3 of the Subdivision Map Act, Government Code Sections 66452 et seq., shall be subject to all applicable provisions of this title, which shall be satisfied by the subdivider before any building permits or other land use entitlements are issued. Parcel or final maps filed for record after the automatic approval of the tentative map therefor shall remain subject to all the mandatory requirements of this title and the Map Act, including, but not limited to, Map Act Sections 66473, 66473.5 and 66474.
(Prior code § 18.02.430; Ord. 94-16, 1994)
Any decision, determination or requirement of the department, the city engineer, the subdivision committee or the planning commission in compliance with this title may be appealed as provided by this section. Any complaints filed as set forth in Map Act Section 66452.5(d), shall also be processed as provided by this section.
A. 
Processing of Appeals.
1. 
Who May Appeal. An appeal may be filed by the subdivider or any aggrieved person, including any tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium or other common interest development.
2. 
Time and Place for Filing. An appeal shall be filed within ten calendar days of the decision that is the subject of the appeal, except that where the decision of the planning commission to deny an extension of time in compliance with Section 18.02.420 of this chapter is appealed, such an appeal shall be filed within 15 days after the decision. Appeals to the city council shall be filed with the city clerk; other appeals shall be filed with the department.
3. 
Form of Appeal. Appeals shall describe the actions or decisions being appealed, and explaining the reasons for the appeal. Appeals shall be accompanied by the fee set by the city fee resolution.
4. 
Report and Hearing. When an appeal has been filed, the department will prepare a report on the matter, and schedule the appeal for a public hearing in compliance with Section 18.02.210 of this chapter, for consideration by the appeal body determined by subsection B of this section, within 30 days of the date the appeal was filed.
5. 
Action and Findings. After holding a public hearing, the appeal body shall declare its findings within seven days, based upon the testimony and documents produced before it. The appeal body may sustain, modify, reject, or overrule any recommendations, rulings, actions or decisions being appealed. The decision of the appeal body shall be described in findings of fact regarding the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance or noncompliance of the subject of the appeal with the provisions of this title.
6. 
Withdrawal of Appeal. After an appeal to a decision on a subdivision application has been filed, the appeal shall not be withdrawn except with the consent of the appropriate hearing body.
B. 
Appeal Jurisdiction. An appeal shall be heard and decided by the appeal body identified as follows:
1. 
Appeals to the Planning Commission. The planning commission shall sit as the appeal body to consider any appeals of:
a. 
Department Actions. Determinations by the department on the meaning or applicability of the provisions of this title, which are believed to be in error, and cannot be resolved with staff, and any determination that an application or information submitted with an application is incomplete (as provided by Government Code Section 65943).
b. 
Subdivision Committee Decisions. Any action, decision or ruling of the subdivision committee in compliance with this title.
2. 
Appeals to the City Council. Any action, decision or ruling of the planning commission, including adoption of negative declaration findings or certification of an environmental impact report, or an action of the planning commission on an appeal in compliance with this section. The decision of the city council shall be final.
(Prior code § 18.02.510; Ord. 94-16, 1994)
An exception to any of the provisions of this title may be requested by a subdivider as provided by this section.
A. 
Application. An application for an exception shall be submitted on forms provided by the department together with the required filing fee. The application shall include a description of each standard and requirement for which an exception is requested, together with the reasons why the subdivider believes the exception is justified.
B. 
Filing and Processing. An application for an exception may be filed along with the tentative map application to which it applies, or after approval of the tentative map. An exception request shall be processed and acted upon in the same manner as the tentative map for which the exception is being requested, concurrently with the tentative map if the exception request was filed at the same time. An exception shall not be considered as tentative map approval and shall not extend the time limits for expiration of the map established by Section 18.02.410 of this chapter. An exception shall not be used to waive or modify provisions of the Map Act.
C. 
Approval of Exception. The planning commission or city council shall not grant an exception unless all the following findings are first made:
1. 
There are exceptional or extraordinary circumstances or conditions applicable to the proposed subdivision, including size, shape, topography, location, or surroundings.
2. 
Such exceptional or extraordinary circumstances or conditions are not due to any action of the subdivider subsequent to the enactment of this title.
3. 
The exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the vicinity and zoning district and denied to the proposed subdivision.
4. 
Granting the exception will not be materially detrimental to the public welfare nor injurious to the property or improvements in the vicinity and zoning district in which the property is located.
5. 
The exception will not affect the consistency of the proposed subdivision with the general plan.
In granting an exception, the review body shall secure substantially the same objectives of the regulations for which the exception is requested and shall impose whatever conditions it deems necessary to protect the public health, safety, general welfare and convenience, and to mitigate any environmental impacts in compliance with CEQA.
(Prior code § 18.02.530; Ord. 94-16, 1994)